FOR IMMEDIATE RELEASE July 28, 2014 Contact:  Eric W. Boyer, Esq. Managing Partner/Operations 305-670-1101 Ext. 123 Email:  eboyer@qpwblaw.com QPWB ATTORNEYS DEMONSTRATE NURSING HOME ADHERED TO STANDARDS OF CARE ― JURY RETURNS COMPLETE DEFENSE VERDICT IN $3 MILLION WRON read more

FOR IMMEDIATE RELEASE October 10, 2014 Contact:  Eric W. Boyer, Esq. Managing Partner 305.670.1101 Ext. 1023 QPWB DEFENSE PROVE WORKERS’ COMP. “GOING-AND-COMING” TRAVEL TO WORK RULE APPLIES WITH NO EXCEPTIONS  JCC AGREES ACCIDENT INJURY CLAIMS NOT WORK RELATED Workers’ read more

FOR IMMEDIATE RELEASE

November 20, 2014

Contact: Eric W. Boyer, Esq.
Managing Partner
305.670.1101 Ext. 1023
Email: eboyer@qpwblaw.com

QPWB ATTORNEY GETS DEFENSE VERDICT IN A REAR-END ACCIDENT LIABILITY CASE USING
HONEST ACCOUNTING OF EVENTS

Reginald J. Clyne

Motor Vehicle Negligence ― Rear-End Collision

MIAMI ― Reginald J. Clyne, a partner in the Miami office of Quintairos, Prieto, Wood & Boyer, P.A. (QPWB), received a verdict for the defense in a motor vehicle negligence case.  This litigation resulted in a complete victory for the defense and zero recovery for the plaintiff in the case of Guillot v. Ponce.

In this case, the defendant was involved in a car accident while traveling on State Road 826. The plaintiffs alleged their vehicle was rear ended by the defendant at a velocity of 100 miles per hour causing total damage to their vehicle, resulting with injuries sustained by all four occupants inside the vehicle.  The defendant contended that the plaintiff cut her off, and then stopped suddenly.

A pretrial settlement was reached with two of the plaintiffs.  The two remaining plaintiffs sought claims of $270,000.00.  Through a Proposal of Settlement, the defense offered $37,000.00.

During the trial, the defense successfully argued that the evidence supported the defendant’s version of events.  Based on aerial photographs, the defense was able to demonstrate that the accident could not have occurred in the manner described by the plaintiff.  The defendant also contended that the plaintiffs’ injuries were pre-existing and due to degenerative changes.

The jury returned a defense verdict in two and a half hours.

FOR IMMEDIATE RELEASE

August 20, 2015

Contact: Eric W. Boyer, Esq.
Managing Partner
305.670.1101 Ext. 1023
Email: eboyer@qpwblaw.com

QPWB TRIAL ATTORNEYS ACHIEVE DEFENSE VERDICT IN
SECURITIES FRAUD AND RESCISSION CLAIMS CASE

Michelle M. O’Brien

Professional Malpractice Defense – Insurance Agent/Broker – Fraud & Omissions – Unlawful Sale of Variable Universal Life Insurance Policy

MIAMI ― Lars O. Bodnieks, a partner in the Miami office of Quintairos, Prieto, Wood & Boyer, P.A. (QPWB), and Michelle M. O’Brien, an associate with the firm, successfully defended Nationwide Life & Annuity Insurance Co. (NLAIC), against claims for fraud and rescission arising out of an alleged violation of Fla.Stat.§517.301 in connection with the sale and failure to furnish a prospectus for a variable universal life insurance policy.
After the initial claims against the agent and his broker failed in 3-day FINRA arbitration, and confirmed by the trial court, plaintiff sued NLAIC under the guise of fraud by omission based on a theory that the alleged failure to furnish a current prospectus constitutes per se fraud under Florida securities law. The trial court rejected defendant’s motion for final summary judgment after a lengthy hearing that included arguments that collateral estoppel and res judicata effects of the arbitral decision exonerated the alleged agent and, therefore, the alleged insurer. At trial, conflicts in the evidence between plaintiff and the agent on whether a current prospectus was furnished were countered with evidence that the plaintiff acknowledged receipt of the prospectus by his signature on the application under penalty of perjury, and evidence that the prospectus was available through the SEC’s website and other sources. Evidence from the defendant’s representative on regulatory compliance established that all of the critical information that plaintiff claimed was omitted by the alleged failure to furnish the prospectus was also included in the policy itself, the illustrations, quarterly statements, and subsequent prospectuses that he later received. Plaintiff on cross-examination acknowledged a 10-day “free look” period, allowing him an opportunity to cancel the policy, was explicitly stated in the front page of his insurance policy, and that he intended the defendant to rely on his signature in issuing the $4M policy, confirmed by testimony that the defendant relied on the plaintiff’s signature and would not have issued the policy without the insured’s signature.
The trial court rejected defense requests for special jury instructions on the elements of fraud under Fla.Stat.§517.211, and the defenses of a Fla.Stat.§95,11(4)(e) 2-year statute of limitation, and ratification. The trial court also rejected the defendant’s request for a special interrogatory verdict on each of the elements of fraud under the statute, instead, instructing the jury – over defense objections – on the plaintiff’s instructions of fraud by omission without materiality, scienter or intent.
The jury deliberated for approximately 1½ hours and returned a defense verdict on the first question of the plaintiff’s requested verdict form, whether the defendant had failed to furnish a current prospectus to the plaintiff.
A statutory section allowing for attorneys’ fees to the prevailing party appeared to motivate the plaintiff in prosecuting the 4,000+ page document and time intensive case.

QPWB was built on litigation and trial practice. Therefore, the litigation roots of the firm carry over into the Business, Financial Services & Real Estate Division. Our litigators are skilled in their craft and have significant jury trial experience on both the state and federal level and in arbitrations throughout the entire geographic footprint of the firm. Our litigators work with our lawyers in the firm’s other practice areas, including financial services; real estate; construction; premises liability; employment and ERISA; environmental; and intellectual property. This multidisciplinary approach provides for a collaborative effort to establish winning strategies for successfully prosecuting or defending the business interests of our clients. Our litigators have specific experience in class actions and national multi-jurisdictional litigation; high value contract litigation, including substantive issues arising from real estate development, financial services businesses, construction claims, shareholder, partner and member disputes, insurance coverage issues, and defending alleged business torts, and deceptive and unfair trade practices claims.